AMBIGUOUS INSTRUMENTS,
how to be treated, 43
Amount. See Sum Payable.
ANTECEDENT DEBT,
consideration for instrument, 32
ASSIGNEE,
presentment for acceptance or payment to, 116
notice of dishonor to, 148-149
ATTORNEY-AT-LAW,
cannot bind his partner by bill, 64,207
“At Sight,"
definition of, 48
AUTHORITY,
to fill up blank instruments, 46,47
to complete cannot be implied, 48
See Agent–Partner.
BANKER,
defined, 8,208
when must refuse to honor cheque, 26
liability as drawee of cheqne, 67,68
obligation to pay customer's cheque, 67
duties in case cheque drawn in breach of trust, 68
entitled to reasonable time to carry money to customer's credit,
69
may refuse to cash cheque when drawn to more than balance at
branch bank, 69
duty only to pay cheque at branch on which drawn, 114
liability for negligently dealing with bill presented for payment,
120
paying cheque purporting to be indorsed by payee, 126
duties as to paying crossed cheque, 183,184
collecting crossed cheque, 185,186
See Cheque-Crossed Cheque-Drawee.
BANKING HOURS,
when presentment must be within, 109
what are, 110
BEARER,
instrument payable to, negotiable by delivery, 87
bill indorsed in blank, is payable to, 97
payment of bill to, 124
BETTER SECURITY,
protest for, 159-161
Bills In Sets,
definition of, 188
Stamp Act does not contemplate more than set of three, 189
holder of first acquired part entitled to all, 190
penalty under Stamp Act for not drawing full set, 213
stamp on, 214
BILL OF Exchange,
origin of, 12
definition of, 19
includes a bundi and cheque, 208,220
parties to, 19
registration of, 19
compared with note, 20
by Lord Mansfield, 21
must be for payment of money alone and unconditionally, 20
a sum certain, 20
payee of, must be certain, 20
omission of date, 22
not admissible in evidence unless properly stamped, 22,211
limitation as to, 22,220-222
inland and foreign, defined, 37
when, may be treated as note, 43
inchoate, 44-48
maturity of, 49-51
authority of partner to bind by, 63,64,207
lost, rights on, 123
discharges from liability on, 124-126,128-137
noting and protesting of, 158–165
acceptance and payment for honor, 169-173
by drawee in case of need, 173
presumption as to consideration for, 176,177
date of drawing, 176
acceptance, 176
that transfer was before maturity, 176
lost, was duly stamped, 176
holder of, is holder in due course, 176
may be drawn in sets, 188–190
penalty for not drawing full set, 213
international law relating to, 190-195
how to be stamped, 209
penalty on post-dated, 213
stamp on, 214-216
rules of Governor General as to stamping, 218,219
who may be joined as parties to suit on, 223
BILL OF Exchange-continued.
may be taken in execution of decree and sold, 225, 226
summary suit on, 226–228
forms of plaints on, 228,237
protests, 239-241
See Acceptance-Acceptor-Alteration-Civil Procedure Code.
Delivery-Discharges from Liability.
Drawee-Estoppel-Holder-Hundi—Inchoate Instrument.
Notice of Dishonor-Payment-Presentment.
Promissory note- Protest.
BILLS OF Exchange Acts (VI of 1840; V of 1866,45 g 46 Vic. c. 61).
references to in text, 163,196, App. B.
BLANK,
signatures on, stamped paper, 44-48
filling up, in bill or note, 45–47
authority to fill up, 46
effect of fraudulently filling up, 48
effect wben bill indorsed in, 96
indorsement in, followed by full, 97
Bona FIDE,
holder, 31
presumption in favor of, holder, 176,177
See Holder
· Branch BANKS,
notice of dishonor sent through, 153
See Banker.
BUSINESS HOURS,
presentment must be within, 109
what are, 110
CANCELLATION,
by holder striking out indorsements intentionally, 82,124
by mistake, 82
of acceptance before delivery, 88
by holder of acceptor's name, 124
by destruction of instrument, 138,139
of adhesive stamps, 209
CAPACITY,
to make, &c., negotiable instruments, 53
of alien enemies, 53
company or corporation, 53,57
drunkard, 55
lunatic, 55
Capacity—continued.
of married women, 54
miuor, 53,56
CARELESSNESS in taking bill. See Negligence.
Case or NEED. See Drawee in Case of Need.
English term, 27
not applicable to notes or cheques, 27
CERTAINTY,
as to time and fact of payment of instrument, 12,13
sum payable, 15,20
payee, 16,20
CHEQUE,
defined, 22,23,208
Lord Wensleydale's definition of, 24
compared with bill, 23
is never accepted, 23
can only be drawn payable on demand, 22,23
date of, 24
post-dated is equivalent to bill, 24
not invalid, 24
presentment to charge drawer, 25,114
other parties, 25
when paid, is discharge of debt, 25
payment of lost or stolen, 25
who must draw, when account in name of more than one, not
being partners, 25
taken in payment of debt, 26
of person, who is dead, 26
insolvent, 26
lunatic, 26
under sentence of forfeiture of property, 26
when banker must refuse to honor, 26
stamp on, 26,214
may be stamped with adhesive stamp, 209
power of drawee to stamp after issue, 26,211
penalty for negotiating unstamped, 26,212
skeleton cheques may be impressed with stamp, 26
the only drawee of, is a banker, 67
relations between banker and drawer of, 68
no privity between banker and holder of, 69
not an equitable assignment of debt, 70
what is an over-due, 102
what is reasonable time for presentment of, 114,115,166
CHEQUE--continued.
consequence of holder of, failing to present within reasonable
time, 126
payment of when indorsement of, purports to be by payee, 126
alteration or crossing not apparent, 137
included in bill of exchange, 220
limitation as to, 220-222
See Alteration-Crossed Cheque-Paymen'- Presentment.
CHOSE IN Action,
assignment of, *39
See Instrument.
Christmas Day. See Holiday.
Civil PROCEDURE CODE, (Act XIV of 1882)
references to in text, 30,37,121,123,149,174
appendix, 223-238
joinder in suit of parties liable on bill or note, 223
suit to include whole claim, 223
obligation and collateral security one cause of action, 223
rules as to production of documents relied on with plaint, 223
list of documents, production of which plaintiff requires, to be
filed with plaint, 223
effect of non-production of documents, 224
suit on lost negotiable instrument, 224
decree may order payment of interest, 224
by instalments, 224
decree for indorsement of negotiable instrument, 225
attachment and sale of negotiable instruments, 225, 226
institution of summary suit on bills and notes, 226
leave to defend may be given on showing merits, 227
power to set aside decree and execution, 227
deposit of bill in Court and stay of proceedings, 227
recovery of noting expenses, 227
wbat Courts may entertain summary suits, 228
procedure to be followed, 228
forms of plaints on negotiable instruments, 228-237
of concise statements, 237–238
of summons in summary suit, 238
CLERK,
authority to draw or indorse when may be implied, 62
employer must give notice of determination of authority, 65
presentment to, at place of business, 105
notice of dishonor to, 148
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